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Last updated on Tuesday, August 14, 2018
(BEDFORD) - Testimony continued this morning in Lawrence County Superior Court I in the murder trial of 23-year-old Evan Schaffer. Judge John Plummer III is presiding.
Schaffer is accused of murdering 25-year-old Justin Lampkins at the Bedford McDonald's drive-through during the early morning hours of April 23, 2017. Schaffer, of Orleans, is also facing charges of pointing a firearm, carrying a handgun without a license and battery resulting in bodily injury.
The events leading to Lampkins' death all started over a car horn sounding.
But determining who honked that horn is not the most important thing that happened that morning, according the testimony of Bedford Police Department Major Detective Kevin Jones.
Lawrence County Chief Public Defender David Shircliff questioned Jones on the integrity of the investigation he was in charge of and the handling of witnesses.
He questioned Detective Jones on the separation of witnesses and Jones' interjecting or inserting facts and his own thoughts and feelings when he questioned those witnesses.
The defense claims police made up their mind that Schaffer was guilty before their investigation began. They also claim Schaffer acted in self-defense. The prosecution teams says Schaffer was the aggressor.
Public Defender David Shircliff also claims police left out important details in their reports, like the distance from where Lampkins, a former United States Marine, left his truck armed with a tire knocker and pushed Schaffer back to the other end of the parking lot to the area where Schaffer fatally shot and killed Lampkins.
The defense claims McDonald's security video will prove Schaffer acted in self-defense. The prosecution claims it will prove Schaffer murdered Lampkins.
Jeremy Sears was in his white Toyota 4-runner behind Lampkins' Dodge truck in the drive-through line at McDonald's.
Sears and his son had just returned to Bedford from Worthington when he decided he wanted a Big Mac.
Sears testified he was waiting in line when Schaffer approached Lampkins' truck and started swinging punches. Sears, who was once a bouncer, decided to break up the fight.
Sears stated that he shifted his vehicle into park, jumped out of his vehicle and grabbed the steering wheel of Lampkins' Dodge, forcing his way between the Schaffer and Lampkins.
"I tried to defuse the situation," Sears testified.
McDonald workers, who were outside at the time of the dispute, also went to Lampkins' truck to help defuse the situation.
Schaffer then walked back to the truck he was in, standing outside the vehicle talking to the occupants.
Sears then returned to his truck to check on his 9-year-old son who was sleeping in his vehicle.
But the two, Schaffer and Lampkins, continued to yell at each other. Both men were also arguing with McDonald's workers.
Sears thought the McDonald's workers had the situation under control.
Sears testified that the two men continued yelling at each other. Schaffer then approached Lampkins' truck and Lampkins stepped out of his truck armed with what he told police was a billy club.
Sears testified that Lampkins put his arm up across Schaffer's chest with the stick or billy club in the air and walked him back. Both men yelling at each other at this time.
Sears testified that Lampkins never hit Schaffer with the club.
The next thing he hears is someone yell "gun."
Sears testified he saw the Schaffer with a gun in his hand, holding it down at his side.
He then pushed his son to the floorboard of their vehicle.
A few seconds later Sears heard the gunshot.
"Justin stumbles and falls," Sears testified. "Evan then runs to the car wash next to McDonald's."
Those in the truck that Schaffer was in drove to the car wash and picked him up to flee the scene down Plaza Drive.
The workers at McDonald's rushed to Lampkins to provide medical assistance.
Next to testify was Ruddy Holt. He was in the drive-through line behind Sears' vehicle.
He testified to the same events as Sears, saying there was a lot of "tension in the air."
Testimony continues this afternoon with the defense cross examining.
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